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KEYSTONE S.A. OF LYC. CO. v. Z.H.B., DELA. T.

No. 3729 C.D. 1984.

100 Pa.Commw. 384 (1986)

514 A.2d 974

Keystone Sportsmen Association of Lycoming County, Inc., Appellant v. The Zoning Hearing Board of Delaware Township and Dick Witmer, President, D.W. Landfill, Inc., Appellees.

Commonwealth Court of Pennsylvania.

September 8, 1986.

Attorney(s) appearing for the Case

Robert P. Wilkison, with him, John A. Carpenter, Carpenter, Diehl & Kivko, for appellant.

Robert E. Benion, for appellee, Zoning Hearing Board of Delaware Township.

Joseph P. Dougher, Dilworth, Paxson, Kalish & Kauffman, for appellee, Dick Witmer, President of D. W. Landfill, Inc.

Argued November 14, 1985, before Judges CRAIG and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, September 8, 1986:

Keystone Sportsmen Association of Lycoming County, Inc. (Keystone) appeals from an order of the Court of Common Pleas of Northumberland County which dismissed its appeal and affirmed the decision of the Delaware Township Zoning Hearing Board (Board) which granted a variance to D.W. Landfill, Inc. from the setback requirements of section 427K(3) of the Delaware Township Zoning Ordinance (Ordinance). We reverse.

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